Thread: Business Notice of Infringement
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Old 05-29-2020, 01:08 AM  
Klen
 
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Join Date: Aug 2006
Location: Little Vienna
Posts: 32,235
Quote:
Originally Posted by NALEM View Post
Simply based on the answers you provided, and presuming that your current gross revenue is not significant, I would say that it is not worth keeping your domain.

Read this: https://www.gerbenlaw.com/blog/the-d...main-disputes/

Your domain is a dot com, and falls under the rules of the Uniform Domain Name Dispute Resolution Policy, which the
WIPO will follow.

Your two options are:

- remove the content and abandon using the domain

- ignore them and wait for the possibility that the Plaintiff files a claim with WIPO.

If the Plaintiff (owner of trademark) files the claim with WIPO, they will pay approximately 1500 + for the filing fees + legal fees because they will likely use an attorney or Advokat.

You will be invited to respond and try to prove that they are wrong. They will argue that your use of the keyword in your domain plus because you are also promoting digital personal ads, are dangerously similar and confusing to the visitor, who will likely assume you are in fact the Plaintiff with the longer better established reputation.

- If you don't respond, you are highly likely to lose, simply by default.

- If you respond, you are likely to lose on their arguments that they used one of the main keywords first, have a strong following of visitors, which establishes brand loyalty, and that they are in the business of digital personal ads first.

If you are able to convince the judge that you are right, you keep the domain.

If you lose, the domain will be transferred to them.

Losing, two things can happen.

- Only the domain is lost to them.
- They bring Civil complaint against you in your country of residence, and they try to recover some of their expenses.

Hope this was enlightening to you.
I find this part interesting:
Quote:
The UDRP is available to recover a domain name if the owner of the domain registered it in bad faith, or, is violating U.S. trademark laws (such as the Lanham Act) or anti-cybersquatting laws (such as Anti-Cybersquatting Consumer Protection Act).
Could this mean if trademark is not registered in US then procedure wont work ?
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